Correspondent
Capitol Hill correspondent, covers legislative and political stories.
The Tenth Circuit denied a federal prisoner's request to file a successive habeas corpus motion based on newly discovered evidence. The court held that such evidence must undermine the conviction itself, not merely the sentence imposed.
The Third Circuit affirmed the dismissal of a pro se complaint filed in the Western District of Pennsylvania because venue was improper. The court held that any procedural error by the district court in dismissing the case sua sponte was harmless given the lack of any factual basis for venue in that district.
The Third Circuit affirmed Joseph Cammarata's conviction for five counts of tax evasion, rejecting his claims regarding insufficient evidence and improper admission of prior fraud evidence. The court further held that Cammarata waived any ineffective assistance claims by proceeding to trial as a self-represented defendant after the district court confirmed his readiness.
The Eleventh Circuit dismissed the State of Georgia's appeal for lack of jurisdiction, declining to rule on whether a federal district court can grant a limited remand to allow a state to seek a superseding indictment. The court held that the district court's denial of the motion was not a final, appealable order under the collateral order doctrine or the injunction statute.
The Eleventh Circuit vacated a district court's denial of a compassionate release motion because the lower court failed to apply the correct standard for determining if a defendant is the only available caregiver. The court held that this determination requires a fact-intensive inquiry into whether any other person is qualified and free to provide care.
The Tenth Circuit affirmed a 10-month prison sentence imposed after the revocation of Edward Terrell Glaze's supervised release for multiple drug violations. The court found the district court's sentence procedurally and substantively reasonable, noting the mandatory nature of revocation under federal statute.
The Eleventh Circuit affirmed the denial of Jonathon Howard Beck's habeas motion, ruling that the record conclusively showed he received effective assistance of counsel. The court held that Beck's sworn statements during his plea colloquy created a formidable barrier to his claim that he did not understand his mandatory minimum sentences.
The Tenth Circuit vacated a second-degree murder sentence because the district court improperly applied a sentencing departure for the use of a firearm and failed to adequately justify the extent of its departures. The court held that the use of a weapon in a typical second-degree murder case is already accounted for in the base guidelines, and the district court did not explain why this case fell outside that ordinary range.
The Eleventh Circuit affirmed the denial of a motion for sentence reduction after determining the appeal raised no non-frivolous issues. The court granted counsel's motion to withdraw under Anders v. California, leaving the original 96-month sentence in effect.
The Tenth Circuit affirmed the denial of Jvan Jackson's motion to suppress evidence from three warrantless vehicle searches. The court held that Jackson lacked Fourth Amendment standing for the first search but that officers had reasonable suspicion and probable cause for the subsequent two stops.
